Bakassi: Panel on Senate Resolution coming

Rattled by the resolution of the two chambers of the National Assembly that Nigeria should appeal the International Court of Justice (ICJ) judgment on the ceding of Bakassi to Cameroun, the Federal Government is considering raising a committee to advise it on the matter.

This is a shift from the government’s position that there is no going back on the judgment delivered in 2001, following which an agreement was signed between Nigeria and Cameroun to implement the ICJ’s decisions.

This is, in spite of Article 61 of the ICJ Statute, which makes provision for a review of its judgment if an appeal is launched within 10 years.

Following the resolution of the House of Representatives that Nigeria should appeal the decision, the Senate on Wednesday said an appeal must be filed before October 10- the 10th anniversary of the ICJ ruling.

A government source, who pleaded not to be named because he is not authorised to speak to the media on such matter, said the Presidency was awaiting the Senate’s resolution.

The source said: “We respect the resolution of the Senate. We will look into it and we will respond to it, based on competing arguments.

“The Federal Government will set up a committee to look into all issues, especially fresh arguments raised by the Senate and relevant documents, before arriving at a final decision.

“As I am talking to you, we have not received a copy of the resolution from the National Assembly. Normally, the resolution ought to be sent through the Secretary to the Government of the Federation, Chief Anyim Pius Anyim, to President Goodluck Jonathan.

“But we have to look at the resolution against the backdrop of international conventions and diplomatic norms. Can a nation like Nigeria go back on its words after making international commitment to respect a judgment? This is a moral and diplomatic challenge we all need to address.

“It will amount to an aggression against a sovereign state to renege on an agreement. That is one of the challenges we are facing.”

Responding to a question, the top source added: “By Article 91 of the statute, the enforcement mechanism is well-provided and the consequences.”

Although Article 61 of the Statute of ICJ provides for a revision of its judgment, there is a caveat – that a country seeking a revision of any judgment must first comply with the judgment before its appeal can be heard.

The article says: “An application for revision of a judgment may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to the party claiming revision, always provided that such ignorance was not due to negligence.

“The proceedings for revision shall be opened by a judgment of the Court expressly recording the existence of the new fact, recognising that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.

“The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision. The application for revision must be made at latest within six months of the discovery of the new fact.

“No application for revision may be made after the lapse of ten years from the date of the judgment.”

Article 98 -100 of the Rules of ICJ also reads: “In the event of dispute as to the meaning or scope of a judgment, any party may make a request for its interpretation, whether the original proceedings were begun by an application or by the notification of a special agreement.

“A request for the interpretation of a judgment may be made either by an application or by the notification of a special agreement to that effect between the parties; the precise point or points in dispute as to the meaning or scope of the judgment shall be indicated.

“If the request for interpretation is made by an application, the requesting party’s contentions shall be set out therein, and the other party shall be entitled to file written observations thereon within a time-limit fixed by the Court, or by the President if the Court is not sitting.

“Whether the request is made by an application or by notification of a special agreement, the Court may, if necessary, afford the parties the opportunity of furnishing further written or oral explanations.

“A request for the revision of a judgment shall be made by an application containing the particulars necessary to show that the conditions specified in Article 61 of the Statute are fulfilled. Any documents in support of the application shall be annexed to it.

“The other party shall be entitled to file written observations on the admissibility of the application within a time-limit fixed by the Court, or by the President, if the Court is not sitting. These observations shall be communicated to the party making the application.

“The Court, before giving its judgment on the admissibility of the application, may afford the parties a further opportunity of presenting their views thereon.

“If the Court finds that the application is admissible, it shall fix time-limits for such further proceedings on the merits of the application as, after ascertaining the views of the parties, it considers necessary.

“If the Court decides to make the admission of the proceedings in revision conditional on previous compliance with the judgment, it shall make an order accordingly.

“If the judgment to be revised or to be interpreted was given by the Court, the request for its revision or interpretation shall be dealt with by the Court. If the judgment was given by a Chamber, the request for its revision or interpretation shall be dealt with by that Chamber.”

“The decision of the Court, or of the Chamber, on a request for interpretation or revision of a judgment shall itself be given in the form of a judgment.”

Ajibola is one of the most corrupt jurist the world has ever known and he achieved his pecuniary ambition via Bakassi ICJ judgment and he collected millions of Pounds sterling as bribes to work against nigeria interest. Imagine his infantile argument that someone wrote a letter from nigeria in 1961 that Bakassi belongs to Cameroun.So if someone writes a letter that Yaounde in Cameroun belongs to Nigeria then ICJ will use it as a fact of Law to rule in favor of ceding Yaounde to Nigeria? Ajibola is a great saboteur and should be prosecuted.Gowon/OBJ/Danjuma should be brought to ICJ to answer charges of crimes against humanity, genocide, treasury looting, corruption etc they have imposed in Nigeria since 1966.But the secret of the ICJ judgment against nigeria was an arrangement between these aforementioned evil men and France that if they agree to cede Bakassi then they would still retain their freedom, loots and will not be charged for their heinous crimes but if they refuse then charges of genocide/crimes against humanity/terrorism which they had commited during biafra war and after will be brought against them and they will be arrested and brought to hague to face the charges.The French gotv. has documentary evidence of genocide/crimes against humanity/terrorism, treasury looting committed by these men and their gang during Biafra war and thereafter and the consequences is still haunting them and they are ready to sacrifice anything so far they will retain their freedom/loots.It should be recalled that obj was in Paris in 2002 and signed this memorandum of understanding with French gotv. prior to ICJ ruling.This explains the alacrity and passion OBJ/GOWON/DANJUMA is forcing nigerians to agree to cede Bakassi to cameroun and if this happens then a window of free secession will start in nigeria and federal gotv. will not have the moral justification to stop any self determination group and ultimately the total disintegration of nigeria will be celebrated.

Sidys Igbum Terkimbi

Good talk my broda.Sm people think Nigeria is there factory.ajibola etal are crooks and God will punish them all.

Sidys Igbum Terkimbi

Good talk my broda. Sm people think Nigeria is their factory.ajibola etal are crooks and God will punish them all.

oliseh

Well articulated

Obuka Emeka

You can’t put your sins behind you untly you are willing to face them.woe to the wicked it shall be ill with him,for the reward of his hands shall be given him.

Emmzy

God bless our national Assemably members both the upper and the lower chambers respectively for leaving up to espectantion. Also the president should sack the justice minister for such an unguided statement he made that Nigeria will not appeal the ICJ judgement that is to show that he is incompetent of that office he is handling and if Nigeria fails to appeal to that judgement, the president should be impeach immediately

i think this whole bakassi impasse should be resolved as soon as possible. its a terrible mess nigeria is being dragged into. i just hope that all the parties involved do the right thing for the sake of posterity and the future.

JOHN

I am very disappointed in Nigeria government, they kept silent for years now the countdown is just a week and they are still arguing whether to appeal or not. I think Bakassi people has the legal right now to declare herself a sovereign nation because they have been mistreated with political brutality and injustice. Will Bakassi start learning how to speak French? Where will they go to? Jonathan Ebele Goodluck this is your region South South if you cannot handle it do not expect another tribe to handle it for you. You are the president according to Nigeria constitution you got the final say, you have to speak now though you are dumb but I urge you to speak out or see your people perish and see this Nation disintegrate in your reign.

Gibd

The National Assembly should prepare its own appeal.
If Jonathan did not send any, the National Assembly should send it own. The only thing that may remain before the hearing is simple amendment. Nigeria cannot continue to be humiliated by any country.

But it is imperative that Jonathan appeal the Bakassi case. Bakassi is no doubt Nigeria territory.
I happen to meet informally a lawyer with one of the law firms that acted as consultants to the Nigeria team of lawyers that handled the case before the judgment was delivered.

The lawyer told me then that the case was 50/50 and could go either way. But the Cameroun through France was pushing hard because of the oil deposit in the area. The Nigeria Government was not so concerned in extra lobby to retain the territory. The Cameroun may prevail on the matter.

Then it came to my mind that OBJ the then President who want to be in the good book of the advanced countries would not like to rock their boat to actually challenge for Nigeria interest. People would not know that his subservient to the advanced countries had something to do with his third term ambition or to perpetuate himself in office.

I am not now surprised that the relevant facts that are now out that tip the case more in favour of Nigeria were not presented. This could have something to do with the then OBJ life President’s ambition more than any other thing. Jonathan must appeal the case. We need our Bakassi territory back on Nigeria land.

aremu

Gibd,I think i will go with your own view that National Assembly should go ahead and prepare their own appeal if indeed they are in the best position to do so.With what the writer have just said,i fear this government may not do anything,how can u be talking about setting up committee when we dont have the time?when will the committee be set up and decide what to be done when we just have 10days?This government have d highest numbers of committee yet we have not seen any result of it.Yet the government has committed themselves at the international scene that they will abide with the ruling without consulting those that elected them to see if they are ok with the judgement.Our president is not fighting for his people instead he is fighting for himself to get international recognition at the detriment of the masses.If Jonathan and his members fail to appeal,i think i will advise the NA to immediately impeach him.This was what happened during the subsidy protest and when the president will open his mouth to comment,he said it was a planned protest.God why not change the situation of Jonathan for just a week and let him become a Bakassi man to see hw badly the life treating those people,may be he will come to his senses.our president hardly stay in Nigeria in week without going somewhere or the other.He is not connected with the people,this may be the most corrupt government in the history of Nigeria at the end of their tenure.

PRINCE EZE

Humme!! My sound attentions has been drawn to the comments cum observations made by “commentor-barry clinton, and I would appreciate the body of this free commentors forum to tick his viewed arguments for a considerable discuss.

Blacklord

i am having a nightmare abt my kountry Nigeria………… and my beloved Bakassi which is next 2 my LGA – Akpabuyo……….

Sidys Igbum Terkimbi

Bakassi is Nigeria’s territory.I think even the so called judges were compromised.

Efinky.

OOOHHHHH, BAKASSI MY BELOVED HOW I SEE YOU DROWNING IN YOUR OWN TERITTORY. SAVE JOURNEY MY DEAR BAKASSI. PUT YOUR HOPE IN GOD ALONE, ERASE YOUR HOPE IN THIS GREEDY, USELESS AND EVIL MEN WE CALL OUR LEADERS.
I BET YOU THEY WILL PAY WITH THEIR LIVES AND THEIR CHILDREN CHILDRENS GENERATION WILL ALSO PAY FOR THIS ACT OF GIVING YOU OUT TO A STRANGE NATION.
WHO ARE THEY FOOLING? APPEALING IN LESS THAN 10DAYS? CONSTITUTING A COMMITTEE IN LESS THAN 10DAYS? OBJ/GOWON/DANJUMA/JONATHAN.
WHAT MORE CAN WE SAY?

sam sam

There is no committee need of set up any committee again when the Nation highest authority body has said the case must be review in ICJ. Anything short of that is an inresponsible in the side of our excutive organs of our government.

abin daddi

By ceding Bakassi to Cameroun without recourse, National Assembly beware that some day, someone might consider ceding all the Akpans, the Emekas, the Ajibolas, the Modibbos, the Mshelias, the Agbos and the Gyangs in Nigeria to Cameroun. Badadi !

Toka

Nigerians all we know how to do is to make lots of noise without actions, on this issue every body has a role to play not only the House Rep senate,the presidency or bakassi people. The reason why group of person’S and neigbouring countries far and near do take Nigeria for granted is becos they know that we are not unit and the only thing we can do is to talk and talk without action. take for example what happened in China recently when the Japanese Govt try to buy the Island in Chinese terrotary the Chinese people pour out to the street to protest against that move that shows they are people with one mind. today in Nigeria we have difirent kind of union in Nigeria without functioning From Governor forum to Nurtw… lawyers etc… a date should be fix for every body to come out to the street home and abroad to show solidarity to our brother in Bakassi and that will also send signal to the whole world that we are people with one mind in Nigeria if not this way, nothing will happen and bakassi is gone forever to Cameron and France. any way this make me to remember Gen.Sani Abacha.

Maurice

Oooooooooooooooo! Gen Sani Abacha of blessed memory. If you were to alive, Bakassi would have still been in Nigeria. Oooo! Good people don’t last. Gen Sani Abacha, Sir, may your soul RIP. Amen

Maurice

f you were to be alive, Bakassi would have still been in Nigeria. Oooo! Good people don’t last. Gen Sani Abacha, Sir, may your soul RIP. Amen

what an irony BIAFRA wanted to secced, OBJ,GOWON AND DANJUMA stopped the seccessionist .the same people that stopped seccessionist Biafra from secceding are the very people that ceded bakassi to Cameroun for thier own selfish ends OBJ was sworn in to defend the corporate existence of nigeria,rather than defending he ceded part of Nigeria to Cameroun.this is a dangerous signal that any part of Nigeria may be ceded out any time those in power.IT is time for all the nations within nigeria to prepare for self determination. .

Ik

I thank the national assembly for their resolution.but it is left for the fed govt to act fast because time is getting out of hand.if the fed govt do not go for appeal.let the people of bakassi declare their sovernity.then biafra will follow and nigeria will be no more.

oliseh

WE REMEMBER GENERAL SANI ABACHA, HE HAS HIS GOOD SIDE ALSO

Daoud Akano

Extract from the dissenting judgment of JUDGE BOLA AJIBOLA, a former World Court Judge at The Hague:
“125. One of the English Judges in 1910 defined “protectorate” thus: “The protected country remains in regard to the protecting State a foreign country…” (ibid., Vol. I, p. 122, para. 6.81.)
126. Thus, protectorates are neither colonial protectorates nor colonies. Protectorates are to all intent and purposes international legal personalities and remain independent States and they are not “colonial protectorates” of the protecting Power. Therefore, after the Treaty of 1884, the City State of Old Calabar and their territories were simply protectorate of Great Britain. Before and after 1913 these City States of Old Calabar remained independent protectorates. There is nothing from the actions and instruments during this period which could describe Old Calabar including Bakassi and other areas being claimed by the Kings and Chiefs, as a colony of Great Britain, nor is there anything in the treaty indicating that Old Calabar including Bakassi, acquired the status of a colonial protectorate. Even Great Britain did not describe the territory as such and this cannot be the Law of treaties and having regard to customary international law, the ordinary meaning to be given to the world “protectorate” is protectorate over them. As far as Great Britain was concerned they were foreign countries and they were so treated by the British Foreign Office. Great Britain they were foreign countries and they were so treated by the British Foregoing Office. Great Britain was therefore under a strict legal obligation to protect the rights of the Kings and Chiefs of Old Calabar in international law and not to transfer their territorial sovereignty to another state without their knowledge and consent.”
Any averagely educated and fair-minded person will see the validity of Ajibola’s arguments. The ICJ (or is it ICI-international court of injustice?), against all principles of equity and fairness awarded Bakassi to Cameroun. Must Nigeria play “mugu” for the sake of good neighbourliness? I say, No. Bakassi was not British territory, so there was no way Britain, an alien, could’ve dashed out Bakassi to another alien, Germany. Even if Jonathan refuses to act now, another leader will come and he/she will act. Put your bet on that.

moses musa

Abacha was a great defender of the people of Bakassi.

moses musa

Thank you Daoudu Akano

agha sam.

Not up to 10days now,there’s no time for setting up commitee dat will decide wether to appeal or not,d N.A(voice of d pple) has spoken what d Nigerians wants, xpecially d ppl of Bakassi.I just hope dat GEJ’s not trying to play pranks or gimmicks on d masses,with dis comitee of a thing and they might later wasted all d 10days while d appeal dead line wuld b over,or come out after, telling us ”cock & bull stories” probably as a ”cover-up” for those past unscrupulous Nigeria leaders(xpecially OBJ).If jonathan wuld b able to put in neccessary measure and get back Bakassi,then dat’s enough as an achievement(apart from BH palaver).May God strengthen GEJ,may he deliver dis country. God bless Nigeria…

agha sam.

Not up to 10days now,there’s no time for setting up commitee dat will decide wether to appeal or not,d N.A(voice of d pple) had spoken what d Nigerians wants, xpecially d ppl of Bakassi.I just hope dat GEJ’s not trying to play pranks or gimmicks on d masses,with dis comitee of a thing and they might later wasted all d 10days while d appeal dead line wuld b over,or come out after, telling us ”cock & bull stories” probably as a ”cover-up” for those past unscrupulous Nigeria leaders(xpecially OBJ).If jonathan wuld b able to put in neccessary measure and get back Bakassi,then dat’s enough as an achievement(apart from BH palaver).May God strengthen GEJ,may he deliver dis country. God bless Nigeria…

HAHAHAHAHAHA

Why are we worried about BAKASI? Without bakasi, now there is no oil spillage, no environmental degradation, no exploitation by foreign oil companies and cross river people now can farm, they can fish and no pollution. So it is good thing that happened to them. Now they cannot fight for 13% derivation, they will feel what other states are feeling! BAKASI HAS GONE FOREVER, no amount of appeal will return bakasi. REPUBLIC OF CAMEROUN SORRY FOR YOU. with all the problems of bakasi, you accept, force them to abide by your laws or be furnish.

talk ur own

Hmm! Appeal must be made on or before 10th oct. Eleven years after the judgment. The question is where were the national assembly this past years. Or is the case of fire brigade as usual? Now they will hurriedly send somebody with half articulated fasts and the result will be ,nigeria “LOST” the appeal. Oh lord come down and manifest your power in this country,since it people have resolve to do nothing with the bad situation our leader(sori ,our looters) have put us

Akiba

If Jonathan refuses 2 appeal,he should b impeached but it’s like d National Assembly is just shouting so that Nigerians would not say d did not shout.If NA is genuine in thier possition,can they tell Nigerians when they summon Gowon n Obj 4 questioning on this Bakassi issue?